2.2-1401 - Definitions.
§ 2.2-1401. Definitions.
As used in this chapter unless the context requires a different meaning:
"Certification" means the process by which a business is determined to be asmall, women- owned, or minority-owned business for the purpose of reportingsmall, women-owned, and minority-owned business participation in statecontracts and purchases pursuant to §§ 2.2-1404 and 2.2-1405.
"Minority individual" means an individual who is a citizen of the UnitedStates or a legal resident alien and who satisfies one or more of thefollowing definitions:
1. "African American" means a person having origins in any of the originalpeoples of Africa and who is regarded as such by the community of which thisperson claims to be a part.
2. "Asian American" means a person having origins in any of the originalpeoples of the Far East, Southeast Asia, the Indian subcontinent, or thePacific Islands, including but not limited to Japan, China, Vietnam, Samoa,Laos, Cambodia, Taiwan, Northern Mariana, the Philippines, a U.S. territoryof the Pacific, India, Pakistan, Bangladesh, or Sri Lanka and who is regardedas such by the community of which this person claims to be a part.
3. "Hispanic American" means a person having origins in any of theSpanish-speaking peoples of Mexico, South or Central America, or theCaribbean Islands or other Spanish or Portuguese cultures and who is regardedas such by the community of which this person claims to be a part.
4. "Native American" means a person having origins in any of the originalpeoples of North America and who is regarded as such by the community ofwhich this person claims to be a part or who is recognized by a tribalorganization.
"Minority-owned business" means a business that is at least 51% owned byone or more minority individuals who are U.S. citizens or legal residentaliens, or in the case of a corporation, partnership, or limited liabilitycompany or other entity, at least 51% of the equity ownership interest in thecorporation, partnership, or limited liability company or other entity isowned by one or more minority individuals who are U.S. citizens or legalresident aliens, and both the management and daily business operations arecontrolled by one or more minority individuals.
"Small business" means a business that is at least 51% independently ownedand controlled by one or more individuals who are U.S. citizens or legalresident aliens, and together with affiliates, has 250 or fewer employees, oraverage annual gross receipts of $10 million or less averaged over theprevious three years. One or more of the individual owners shall control boththe management and daily business operations of the small business.
"State agency" means any authority, board, department, instrumentality,institution, agency, or other unit of state government. "State agency"shall not include any county, city, or town.
"Women-owned business" means a business that is at least 51% owned by oneor more women who are U.S. citizens or legal resident aliens, or in the caseof a corporation, partnership, or limited liability company or other entity,at least 51% of the equity ownership interest is owned by one or more womenwho are citizens of the United States or legal resident aliens, and both themanagement and daily business operations are controlled by one or more women.
(1989, c. 268, § 2.1-64.32:1; 2001, c. 844; 2006, cc. 831, 921; 2009, c. 869.)